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2001 (10) TMI 225

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..... /100/01/NB(SM), dated 16-1-2001, this Tribunal omitted to consider the question of modvatability of one of the goods cited as subject-matter of the appeal. The subject-matter included three items viz. computer hardware, lubricants and synthetic wax roller, on which Modvat credit was taken by the appellants under Rule 57Q of the Central Excise Rules, 1944. The lower appellate authority disallowed t .....

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..... I have perused the Final Order under reference. I have also heard ld. C.A., Shri S.K. Bansal for the applicants and ld. SDR, Shri A.S. Bedi for the Revenue. After considering the submissions of both sides, I find that the error as pointed out by the applicants is apparent from the record inasmuch as the question whether synthetic wax roller were capital goods eligible for Modvat credit under Rule .....

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..... machinery have also been produced. I find that the synthetic wax roller is used in such a way that the moving yarns grazing against it get coated with wax and that, due to continuous use, the wax roller is wholly used up, requiring replenishment. It has been admitted by the CA that the final product (yarn) has a coating of synthetic wax. Therefore, the synthetic wax roller is a consumable which c .....

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